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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the board of trustees of an independent |
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school district from exercising disparate treatment in allowing |
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access to school campuses during non-instructional time based on |
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the religious nature of an organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that a school district |
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that denies an organization access to its limited public forum on |
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the grounds that the organization is religious in nature, or that |
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the viewpoints expressed by the organization are religious in |
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nature, is violating the organization's free speech rights. To |
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protect those rights, this Act intends to codify the supporting |
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language of the United States Supreme Court in Good News Club v. |
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Milford Central School, 533 U.S. 98 (2001), and Lamb's Chapel v. |
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Center Moriches Union Free School District, 508 U.S. 384 (1993). |
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SECTION 2. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.1651 to read as follows: |
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Sec. 11.1651. PROHIBITION OF DISPARATE TREATMENT IN |
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ALLOWING ACCESS TO SCHOOL CAMPUSES DURING NON-INSTRUCTIONAL TIME |
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BASED ON RELIGIOUS NATURE OF ORGANIZATION. If the board of trustees |
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of an independent school district allows noncurricular community |
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organizations not organized or operated primarily by students |
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access to district school campuses during non-instructional time, |
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the district must provide religious organizations the same access |
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to school campuses during non-instructional time as is given to |
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other noncurricular organizations without discrimination based on |
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any religious nature of an organization or on an organization's |
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activities on campus, including expression of religious |
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viewpoints. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |